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Journal Articles of Interest |
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Bureau for Mercantile Law Bulletin |
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Commentary
Unfair contract terms : the Constitutional Court's approach
Unreasonably refusing to furnish information in terms of the
Promotion of Access to
Information Act 2 of 2000
Pre-dismissal hearings
CLISB - 2007, v.25(4), p.70 |
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Arbitration
Jurisdiction of appeal arbitration - Gutsche Family Investments
(Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others
2007(5) SA 491(SCA)
CLISB - 2007, v.25(4), p.71 |
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Close Corporation
Circumstances under which corporation deemed unable to pay debts -
Alton Coach Africa CC v Datcentre Motors (Pty) Ltd trading as CMH
Commercial 2007(6) SA 154(D)
CLISB - 2007, v.25(4), p.71 |
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Companies
Security for costs - Giddey NO v J C Barnard and Partners
2007(5) SA 525(CC)
Shareholders' locus
standii to interfere in contractual arrangements - Letseng
Diamond Ltd v JCI Ltd and Others ; Trinity Asset Management
(Pty) Ltd and Others v Investec Bank Ltd and Others 2007(5) SA 564(W)
CLISB - 2007, v.25(4), p.72 |
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Contracts
Validity of agreement - Citibank NA v Thandroyen Fruit
Wholesalers CC and Others 2007(6) SA 110(SCA)
Unfair clauses in contracts - Barkhuizen v Napier 2007(5) SA
323(CC)
CLISB - 2007, v.25(4), p.74 |
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Information
Promotion of Access to
Information Act 2 of 2000 - Claase v Information Officer,
South African Airways (Pty) Ltd 2007(5) SA 469(SCA)
CLISB - 2007, v.25(4), p.75 |
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Insolvency
Voidable dispositions - Janse van Rensburg and Others NNO v
Myburgh and Two Other Cases 2007(6) SA 287(T)
CLISB - 2007, v.25(4), p.76 |
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Labour Law
Workmen's compensation definition of 'employee' - ER 24
Holdings v Smith and Another 2007(6) SA 147(SCA)
Pre-dismissal hearing - Old Mutual Life Assurance Co SA Ltd v Gumbi
2007(5) AS 552(SCA)
Jurisdiction of High Court over labour matters - Boxer Superstores
Mthatha and Another v Mbenya 2007(5) SA 450(SCA)
Collective bargaining - South African National Defence Union v
Minister of Defence and Others 2007(5) SA 400(CC)
CLISB - 2007, v.25(4), p.77 |
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MVA
Definition of 'motor vehicle' - Bell v Road Accident Fund
2007(6) SA 48(SCA)
Claim against RAF by
supplier of medical services - Van der Merwe v Road Accident Fund
2007(6) SA 283(SCA)
Hit-and-run accident - Engelbrecht v Road Accident Fund and Another
2007(6) SA 96(CC)
CLISB - 2007, v.25(4), p.79 |
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Property
National Building Regulations and Standards Act 103 of 1977 -
eThekwini Municipality v Tsogo Sun KwaZulu-Natal (Pty) Ltd 2007(6) SA
272(SCA)
Agreement of sale of
land : delivery of notice to remedy breach - Cohen and Another v
Lench and Another 2007(6) SA 132(SCA)
Environmental law - Fuel Retailers Association of Southern Africa v
Director-General : Environmental Management, Departure of Agriculture,
Conservation and Environment, Mpumalanga Province, and Others 2007(6)
SA 4(CC)
Land Use Planning Ordnance 15
of 1985(C) - Hangklip Environmental Action Group v MEC for
Agriculture, Environmental Affairs and Development Planning, Western
Cape, and Others 2007(6) SA 65(C)
Restitution of Land Rights Act
22 of 1994 - Department of Land Affairs and Others v
Goedgelegen Tropical Fruits (Pty) Ltd 2007(6) SA 199(CC)
Way of necessity - Aventura Ltd v Jackson NO and Others 2007(5) SA
497(SCA)
Environmental Conservation Act
73 of 1989 - HTF Developers (Pty) Ltd v Minister of
Environmental Affairs and Tourism and Others 2007(5) SA 438(SCA)
Extension of Security of
Tenure Act 62 of 1997 - Chagi and Others v Singisi Forest
Produts (Pty) Ltd 2007(5) SA 513(SCA)
Sectional Titles Act 95 of
1986 : exclusive use rights - Kmatt Properties (Pty) v
Sandton Square Portion 8 (Pty) Ltd and Another 2007(5) SA 475(W)
Restitution of Land Rights At
22 of 1994 - Baphiring Community v Uys and Others 2007(5) SA
585(LCC)
Restitution of Land Rights At
22 of 1994 - Haakdoornbult Boerdery CC and Others v Mphela
and Others 2007(5) SA 596(SCA)
CLISB - 2007, v.25(4), p.80 |
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Publications
Freedom of press - Midi Television (Pty) Ltd trading as E-TV v
Director of Public Prosecutions (Western Cape) 2007(5) SA 540(SCA)
CLISB - 2007, v.25(4), p.88 |
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Sale
Warranty against eviction - Gobel Franchises CC v Kadwa and
Another 2007(5) SA 456(C)
CLISB - 2007, v.25(4), p.89 |
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Tax
Income tax : 'gross income' - MP Finance Group CC (in
liquidation) v Commissioner, South African Revenue Services 2007(5) SA
521(SCA)
CLISB - 2007, v.25(4), p.90 |
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Trade
Trade mark infringement - Lubbe NO and Others v Millennium
Style (Pty) Ltd and Others ; Lubbe and Others NNO v Milennium
Style (Pty) Ltd 2007(6) SA 214(SCA)
Trade Marks Act 194 of 1993
- Verimark (Pty) Ltd v BMW AG v Verimark (Pty) Ltd 2007(6) AS
263(SCA)
CLISB - 2007, v.25(4), p.90 |
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Publications and research
CLISB - 2007, v.25(4), p.93 |
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Employment Law |
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Amendment needed
Editorial
Employment Law - 2008, v.24(1), p.3 |
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Supreme law : public servants read their rights
Employment Law - 2008, v.24(1), p.4 |
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Inessential workers : two developments in strike law
Employment Law - 2008, v.24(1), p.17 |
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Case roundup : latest judgements and awards
Employment Law - 2008, v.24(1), p.21 |
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Retrospective reinstatement - Republican
Press (Pty) Ltd v CEPPWAWU and Others [2007]11 BLLR 1001(SCA)
Employment Law - 2008, v.24(1), p.21 |
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Unfair retrenchment - Oosthuizen v Telkom
SA Ltd [2007]11 BLLR 1013(LAC)
Employment Law - 2008, v.24(1), p.22 |
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Apply for your post - SA Airways v Bogopa
and Others [2007]11 BLLR 1065(LAC)
Employment Law - 2008, v.24(1), p.23 |
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Second generation - Aviation Union of SA
and Others v SA Airways and Others [2008]1 BLLR 20(LC)
Employment Law - 2008, v.24(1), p.23 |
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Maternal right - De Beer v SA Export
Connection CC trading as Global Paws [2008]1 BLLR 36(LC)
Employment Law - 2008, v.24(1), p.24 |
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South
African Law Reports |
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Legh v Nungu Trading 353 (Pty) Ltd and Another (SCA)
Howie P, Heher J A, Ponnan, J A, Mlambo J A and Malan A J A
2007 September 12, 27
Execution
- Sale
in execution - Immovable property of company sold in execution
- Prior to
transfer of property, company placed under liquidation order
- Companies
Act 61 of 1973, s 361(1) - Section 20(1)(c)
of Insolvency Act 24 of 1936
not applicable
Company - Winding-up
- Insolvency
law applying mutatis mutandis
in respect of matters not specifically provided for in
Companies Act
61 of 1973 - Section 20(1)(c)
of Insolvency Act 24 of 1936 not rendered applicable by s 339 of
Companies Act in winding
- up of company unable to pay its debts
Company - Winding-up
- Property of company - Effect on
status of company's property attached and
sold in execution before winding-up -
Section 20 of Insolvency Act
24 of 1936 not included among provisions taken over by s 339 of
Companies Act 61 of 1973
- Section 361(1) of
Companies Act especially providing that property of company
upon its winding-up deemed 'to be in the
custody and under the control of the Master until a provisional
liquidator has been appointed and has assumed office'
whereas object of s 20 of
Insolvency Act to divest insolvent of his property and to vest
it in trustee - Consequently, upon
liquidation dominium of property remaining vested in company and not
transferring to Master or liquidator as in case of insolvency
SALR - 2008 March |
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Van Rensburg and Another NNO v Nelson Mandela Metropolitan
Municipality and Others (SECLD)
Froneman J
2007 March 30 ; April 3
Nuisance
- Private
nuisance - Neighbour disputes
- Interference with applicants' use and
enjoyment of their land - Remedies
- Contrary to restrictive title
conditions respondent erecting and extending buildings on its erf
- Respondent,
over extended period, showing flagrant and sustained disregard for
neighbours’ privacy and for local authority
requirements - Demolition
- Whether court having discretion to award
damages in lieu of ordering demolition of buildings
- Where enjoyment of
privacy undermined by offending structures and applicants'
loss of privacy not capable of being remedied by award of damages,
court ordering demolition of buildings
SALR - 2008 March |
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Progress Office Machines CC v South African Revenue Service and
Others (SCA)
Scott J A, Lewis J A, Heher J A, Malan A J A and Mhlantla A J A
2007 August 30 ; September 25
Revenue
- Customs
and excise - Anti-dumping duties
- Imposition of - By minister in terms of
Customs and Excise Act 91 of 1964, ss 55 and 56
- Interpretation of
government notice - Notice silent as to period for which duty to be
operative - Whether five-year period for
lapsing of antidumping duties introduced in notice to be calculated
from date of retrospective imposition or from date of publication of
notice
Statute - Interpretation of
- Effect of international treaties on municipal law
- Court enjoined to prefer any reasonable interpretation
consistent with international law over any alternative being
inconsistent therewith -
Constitution, 1996, s
233
SALR - 2008 March |
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Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CC)
Moseneke D C J, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan
J, Sachs J, Skweyiya J, Van der Westhuizen J and Navsa A J
2007 May 8 ; October 5
Labour law
- Commission
for Conciliation, Mediation and Arbitration (CCMA)
- Arbitration
proceedings - Arbitration award by commissioner constituting
administrative function - However,
Promotion of Administrative Justice
Act 3 of 2000 not applying
Labour law - Commission
for Conciliation, Mediation and Arbitration (CCMA)
- Arbitration
proceedings - Arbitration award by commissioner
- Review of - Section 145 of
the Labour Relations Act 66 of 1995 now suffused by the constitutional
standard of reasonableness - Standard is
whether decision reached by commissioner is one that reasonable
decision maker could not reach
Labour law - Commission
for Conciliation, Mediation and Arbitration (CCMA)
- Arbitration
proceedings - Commissioner
- Powers of in determination of fairness of
dismissal - Commissioner to determine dispute as neutral adjudicator and
decide whether dismissal was fair - Not to
approach dismissal with deference to employer
Labour law - Commission
for Conciliation, Mediation and Arbitration (CCMA)
- Arbitration proceedings -
Commissioner - Factors to consider in
determination of fairness of dismissal -
Including (but not limited to) importance of rule breached
; employer's reason for dismissal
; basis of employee's challenge to
dismissal ; harm caused by employee's
conduct ; additional training of employee
; effect of dismissal on employee and employee's
long service record
SALR - 2008 March |
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Menqa and Another v Markom and Others (SCA)
Scott J A, Cloete J A, Van Heerden J A, Jafta J A and Kgomo A J A
2007 November 5, 30
Execution
- Sale
in execution - Of immovable property
- Sale in execution invalid - Warrant
of execution issued without requisite judicial oversight
- Absence of
judicial oversight imperilling party's s 26(1) constitutional
rights - Warrant obtained prior to Constitutional Court decision
declaring s 66(1)(a)
of Magistrates' Courts Act 32 of 1944 unconstitutional
- Sale invalid as
CC decision applying retrospectively - Sale
not saved by applying s 70 of
Magistrates' Courts Act 32 of 1944
Execution
- Sale
in execution - Of immovable property
- Sale in execution invalid - If
invalid for violation of principle of legality, sheriff having no
authority to transfer ownership to purchaser -
Purchaser not acquiring ownership despite registration of
property in their name
Execution —Sale in execution
- Of immovable property - Sale in
execution invalid - Directing Registrar of
Deeds to re-register property in owner's
name not appropriate remedy as failing to take into account what
purchaser paid for property and possible unjust enrichment
SALR - 2008 March |
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Forssman v Forssman (WLD)
Salduker J and Levenberg A J
2007 August 23
Maintenance
- For
children - Increase in terms of s 6(1) of
Maintenance Act 99 of 1998
- Semble:
Whether to follow approach of allocating one fifth of parties'
combined nett incomes after tax to minor child -
Such approach better
suited to maintenance pendente lite than final divorce judgments or
post-divorce awards - In latter cases, also
need to take into account expenses incurred by parties, particularly
unusual expenses
SALR - 2008 March |
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Elley (formerly Memmel) v Lynn & Main Inc (SCA)
Mthiyane J A, Lewis J A, Ponnan J A, Hurt A J A and Kgomo A J A
2007 November 2, 22
Prescription
- Extinctive
prescription - Period of prescription
- Claim against surety - Judgment
granted against principal debtor - Claim against surety prescribing
after 30 years as contemplated in s 11(a)(ii) of
Prescription Act 68 of 1969
SALR - 2008 March |
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Thekweni Properties (Pty) Ltd v Picardi Hotels Ltd (and Others as
Third Parties) (D&CLD)
Levinsohn D J P
2007 September 3, 4, 26
Cession
- Cession
in securitatem debiti - Cession of right to rentals contained in
mortgage bond over properties purchased for purpose deriving rental
income - Cession containing proviso that bank not acting upon cession
without mortagor's consent unless mortgagor in breach
- Presumption that
parties intended to vary ordinary consequences of cession by
introducing proviso - Proviso importing condition suspending operation
of cession - Mortgagor retaining right to collect and enforce payment of
rentals pending fulfilment of condition - Cedent having
locus standi to sue for rentals
SALR - 2008 March |
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Radio Pretoria v Chairperson, Independent Communications Authority
of South Africa, and Another (SCA)
Howie P, Streicher J A, Brand J A, Hancke A J A and Musi A J A
2007 May 4 ; June 8
Review
- Grounds
for - Unreasonableness -
Administrative action -
Promotion of Administrative
Justice Act 3 of 2000, s 6(2)(f)(ii)
and
(h) - Independent
Communications Authority of South Africa (ICASA) refusing application
for community broadcasting licence - ICASA acting unreasonably and
irrationally in treating application for community broadcasting
licence for specified area as being one for different area
- Decision
reviewed and set aside - Matter remitted to ICASA
for reconsideration
Administrative law - Review
- Grounds
for - Failure properly to consider application
- Independent
Communications Authority of South Africa (ICASA) refusing application
for community broadcasting licence - ICASA acting unreasonably and
irrationally in treating application for community broadcasting
licence for specified area as being one for different area
- Decision
reviewed and set aside - Matter remitted to ICASA
for reconsideration
SALR - 2008 March |
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Le Roux and Others v Viana NO and Others (SCA)
Navsa J A, Nugent J A, Jafta J A, Mlambo J A and Kgcomo A J A
2007 November 22, 30
Company
- Winding-up - Property of company
- Property passing to liquidator -
Warrant to take possession of company's
property -
Insolvency Act 24 of 1936,
s 69(3) - Books and documents on computer
hard drive within contemplation of section and susceptible to seizure
under warrant in terms of section
SALR - 2008 March |
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Holdenstedt Farming v Cederberg Organic Buchu Growers (Pty) Ltd (CPD)
Van Reenen J
2006 November 15 ; December 5
Practice
- Parties - Substitution of
- Substitution of defendant - By
amendment in terms of rule 28 of
Uniform Rules of Court
- Substitution effective only where notice of intended
amendment given to entity sought to be substituted
SALR - 2008 March |
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Minister of Land Affairs and Agriculture and Others v D & F Wevell
Trust and Others (SCA)
Scott J A, Brand J A, Cloete J A, Heher J A and Hurt A J A
2007 November 1, 28
Practice
- Affidavits - Affidavits
containing both pleading and evidence - Issues and avesments should
appear clearly therefrom - Passages relied upon in annexures must
identified
Practice - Applications
and motions - Oral evidence
- When allowed - Rule 6(5)(g)
of Uniform Rules of Court - Respondent making averments which, if
proved, would constitute defence to applicant's claim but unable to
produce affidavits containing allegations prima facie establishing
such defence - Entitled to invoke rule 6(5)(g)
in circumstances specified by court - But
court to be astute to present abuse of process
SALR - 2008 March |
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S v Shaik and Others (CC)
Langa C J, Moseneke D C J, Madala J, Mokgoro J, Ngcobo J, Nkabinde
J, O'Regan J, Sachs J, Skweyiya J and Van der Westhuizen J
207 May 23, 24 ; October 2
Criminal procedure - Appeal
- Leave
to appeal - To Constitutional Court
- Granting of - Relevant factors
- Where
applicant raising constitutional matter or issue connected therewith
and if in interests of justice - Careful weighing of factors, including
importance of constitutional issue and prospects of success,
required - Deciding on prospects of success requiring court to consider
both evidence before it and new evidence applicants seeking to
introduce
Criminal procedure - Appeal
- Leave
to appeal - To Constitutional Court
- Leave to adduce further evidence - New
evidence to meet requirements of either rule 30 or 31 of
Constitutional Court Rules
- In terms of rule 31 if evidence not
incontrovertible, inadmissible - Rule 31 not applying where facts sought
to be canvassed irrelevant or genuinely disputed -
Under rule 30 court having discretion to grant leave to adduce
further evidence, but ordinarily exercised only where special grounds
existing or where no prejudice to other side, and such evidence
necessary to do justice between parties
Criminal procedure - Indictment
and charge - Joinder -
Of accused - Charge of corruption
- Whether failure to
join alleged corruptee in trial of alleged corruptor amounting to
irregularity - Although cogent reasons might exist for holding joint
trials, not meaning specific trial unfair simply because other
possible perpetrators not charged together with accused
- No indication
that accused suffering prejudice nor that he would have gained any
advantage from presence of other alleged perpetrators
- Even where
accused disadvantaged by fact that someone else not charged in same
trial, not rendering trial unfair - Failure
to charge another suspected party in same trial as accused not
necessarily amounting to breach of any rules of criminal procedure
Criminal procedure - Trial
- Prosecutor - Conduct
of - Whether prosecutor overstepping line between prosecution and
investigation -
National Prosecuting Authority Act 32 of 1998 making
provision for overlapping of certain functions -
Act authorising
prosecutors to do more than merely institute cases
- In casu, prosecutor
clearly not exceeding limits in Act - Not taking over functions of
investigators, but merely assisting - Not interrogating accused, but
interviewing certain employees of corporate accused, as entitled to
do - No evidence prosecutor not adhering to
constitutional duty to remain impartial and to execute functions
without fear, favour or prejudice
Criminal procedure - Sentence
- Imposition
of - Factors to be taken into account
- Proper approach to sentencing
requiring consideration of historical context and all relevant
circumstances - Appellant contending past discriminatory policies
causing him to commit economic crimes - Appellant's crimes commencing
after advent of democracy and continuing after anti-discrimination
legislation enacted - Oppressive and discriminatory past no excuse for
commission of crime nor justification for reduction in otherwise
appropriate sentence - Appeal dismissed
Criminal procedure - Sentence
- Prescribed
sentences - Minimum sentences
- Imposition of in terms of
Criminal Law
Amendment Act 105 of 1997, s 51(2)(a)(i) -
Retrospective application -
Corruption - Charge concerning giving of
benefits extending over period of time both before and after
commencement of Act - Corruption being
continuing offence - Each act of corruption
following first itself constituting offence of corruption
- Since offences committed after commencement of Act exceeding
statutory threshold of R500 000, no logical reason why
minimum-sentence legislation should not apply -
Application for leave to appeal dismissed
SALR - 2008 March |
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Pratsch trading as Caltex Mooi River v Rasmussen (NPD)
Koen J
2007 May 30 ; June 7
Petrol
- Petroleum
Products Act 120 of 1977 - Sale of petroleum products
- Resale of on
credit - Validity of -
Re-sale not invalid merely for want of compliance
with reg 4(1) of regulations promulgated under
Petroleum Products Act 120 of
1977 for being against payment other than in cash
SALR - 2008 March |
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Strydom v Chiloane (TPD)
Hartzenberg J and Makhafola AJ
2007 October 8, 18
Equality legislation
- Equality courts constituted under
Promotion of Equality and
Prevention of Unfair Discrimination Act 4 of 2000, s 16
- Jurisdiction - In respect of
conduct constituting both hate speech under s 10 of
Promotion of Equality and
Prevention of Unfair Discrimination Act 4 of 2000 as well as
racially discriminatory conduct under s 6 of
Employment Equity Act Act 55
of 1998 - Racially discriminatory
conduct more serious than hate speech -
Correct forum is labour court rather than equality court
SALR - 2008 March |
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Thrupp Investment Holdings (Pty) Ltd v Goldrick (WLD)
Goldblatt J, Van Oosten J and Mbha J
2007 February 23 ; March 13
Prescription
- Extinctive
prescription - Period of prescription
- Delay in completion of - Debt the
object of claim filed against company in liquidation as intended in s
13(1)(g)
of Prescription Act 68 of 1969
- 'Filed' - Meaning of
- Date upon which
claim admitted for proof by presiding officer of either first or
second meeting of creditors - Where claim rejected at such meeting,
impediment provided for in s 13(1)(g) not coming into operation and
completion of prescription not delayed
SALR - 2008 March |
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Absa Bank Ltd v Dlamini (TPD)
Rabie J
2007 October 11, 12, 23
Practice
- Withdrawal
and dismissal of proceedings - Dismissal of
- Vexatious proceedings - Order
in terms of Vexatious Proceedings Act 3 of 1956, s 2(1)(b)
- When
granted - Applicant to meet threshold two requirements to obtain relief
under s 2(1)(b),
ie show that respondent persistently instituting legal proceedings and
that such proceedings without reasonable ground
Interdict - Interim
interdict - Interdict pending final determination of application or
action for relief in terms of s 2 of
Vexatious Proceedings Act 3 of
1956 - Interdict restraining respondent from instituting future legal
proceedings against applicant - Application for
- Interdict available only
under Act and not under common law - Respondent having instituted
plethora of unmeritorious proceedings against applicant
- Exhibiting
contemptuous disregard for judicial process -
Pursuing vendetta against
applicant - Actions vexatious
- Other requirements for interdict
satisfied - Interdict granted
Interdict - Interim
interdict - Interdict pending final determination of application or
action for relief in terms of s 2 of
Vexatious Proceedings Act 3 of
1956 - Interdict restraining respondent from pursuing existing warrants
and/or issuing further warrants of execution against
applicant - Application for
- Warrant of execution a step in execution of
judgment - Interdict therefore available only in terms of common law and
not under Act - Respondent exhibiting pattern of issuing unlawful
warrants of execution against applicant - Pursuing vendetta against
applicant - Actions vexatious
- Other requirements for interdict
satisfied - Interdict granted
Interdict - Interim interdict
- Interdict pending final determination of application or
action for relief in terms of s 2 of
Vexatious Proceedings Act 3 of
1956 - Stay of existing legal
proceedings - Application for
- Interdict available only in terms of common law and not under
Act - Respondent having instituted plethora
of unmeritorious proceedings against applicant -
Exhibiting contemptuous disregard for judicial process
- Pursuing vendetta against applicant -
Actions vexatious - Other
requirements for interdict satisfied - All
existing proceedings instituted by respondent against applicant stayed
SALR - 2008 March |
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Airport Cold Storage (Pty) Ltd v Ebrahim and
Others (CPD)
Griesel J
2007 April 30 ; May 22
Close corporation - Members
- Abuse
of juristic personality of close corporation -
Controlling members using
corporation as instrumentality to promote own interests
- Statutory and
bookkeeping requirements associated with conduct of close
corporation's business not complied with
- Close corporation deemed to
be personal venture of members - Members declared personally liable for
debts of close corporation to plaintiff -
Close Corporations Act 69 of
1984, s 65
SALR - 2008 March |
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Tydskriv vir die Suid-Afrikaanse Reg |
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Reflections on the
essence of employment status : ministers of religion, judges and
magistrates
Marius Olivier
TSAR - 2008(1), p.1 |
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Law and economics of
corporate finance in Europe from diversity to convergence and
harmonization
Michael Martinek
TSAR - 2008(1), p.16 |
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Incorporating
environmental considerations into government procurement in South
Africa
Phoebe Bolton
TSAR - 2008(1), p.31 |
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Did the Twelve Tables
limit interest?
P H Thomas
TSAR - 2008(1), p.52 |
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Die grondslae vir von
Savigny se teorie betreffende die saakklike ooreenkom
P J W Schutte
TSAR - 2008(1), p.66 |
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Financial
constitutional law : a new concept in South Africa
D J Brand
TSAR - 2008(1), p.89 |
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Telemedicine : a
South African legal perspective
A le Roux
TSAR - 2008(1), p.99 |
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Gedagte oor die
hernuwing van die registrasie van sekuriteitsdiensverskaffers
P J Visser
TSAR - 2008(1), p.115 |
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Access of incarcerated
persons to medical treatment as a socio-economic right in South Africa
G N Barrie
TSAR - 2008(1), p.120 |
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De kracht van de verbeelding
Hans Niewenhuis
TSAR - 2008(1), p.126 |
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Persoonlike
diensbaarhede en die herregistrasie van 'n deregistreerde maatskappy
as reghebbende op gespanne voet
J C Sonnekus
TSAR - 2008(1), p.130 |
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Why of necessity,
should blokland ever be left sterile? - Jackson NO v Aventura
Ltd 2005 2 All SA 518(C) and its sequel Aventura Ltd v Jackson
NO 2007 5 SA 497 (SCA)
C G van der Merwe
TSAR - 2008(1), p.142 |
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Taxability of interest-free loans : a storm
in a teacup - CSARS v Brummeria Renaissance (Pty) Ltd 69 SATC 205
L Olivier
TSAR - 2008(1), p.151 |
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Mineral rights are dead! Long live mineral
rights! - Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd
2007 2 SA 363(SCA)
P J Badenhorst
TSAR - 2008(1), p.156 |
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Forum allocation for bail proceedings in the
lower courts - S v Mzatho 2007 2 SACR 309T)
Murdoch Watney
TSAR - 2008(1), p.165 |
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Boekbesprekings
Tool-box des Internationalen Warenkaufs UN-Kaufrecht (CISG) / U
Verweyden, V Foerster en O Toufar
E C Schlemmer
TSAR - 2008(1), p172 |
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An academic life over continents / H Booysen
J C Sonnekus
TSAR - 2008(1), p.175 |
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News
on the Electronic Front |
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Recent
Judgments Available on the Internet
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Constitutional
Court of South Africa
-
www.constitutionalcourt.org.za
4 March 2008
CCT 10/07
S v Molimi
Zuma Case
SARS mum on Jacob Zuma - 3 March
The SA Revenue Service is keeping tight-lipped about allegations
that ANC president and corruption accused Jacob Zuma failed to
submit tax returns.
The National Prosecuting Authority alleges in papers
before the Constitutional Court that Zuma failed to declare income
to the taxman.
- The Times
website
State
accuses Zuma, Thint of cover-up bid - 3 March
The state has accused African National Congress (ANC) president
Jacob Zuma and French arms company Thint of trying to cover up
evidence gathered under disputed warrants. This is contained in
the submission the state has made to the Constitutional Court, in
its opposition to appeals by Zuma and Thint. It also said Zuma and
Thint wanted to deprive the prosecution of incriminating evidence
to be obtained from Mauritius, which if admitted would contribute
to proof of their guilt. The state said this was an attempt to
deprive it of the evidence it intended to use in their forthcoming
trial, and for no other legitimate purpose. -
allAfrica website
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Supreme Court of Appeal of South Africa
-
http://www.supremecourtofappeal.gov.za/index.html
; wwwserver.law.wits.ac.za/sca/index.php ;
http://www.uovs.ac.za/apps/law/appeal/
7 March
2008
11/07 [2008] ZASCA 4
Zietsman v Electronic Media Network
Security for costs – s 17(2) of
Patents Act 57 of 1978
– 'any party'
includes incola plaintiff – agreement to provide security –
relevant factors
Not yet online
7 March 2008
257/2007 [2008] ZASCA 5
Van Bosch v Charles
Magistrate's Court Practice – Civil
Proceedings – Exception to plea on
ground that it discloses no defence dismissed
Not yet online
6 March
2008
[2008] SCA 3 (RSA)
Nonkwali v Road Accident Fund [2008] SCA 3 (2008)
Claim in terms of s 17 of the
Road Accident Fund Act 56
of 1996 – no new claim form required in terms of s 24 in
respect of additional injury discovered after institution of
action – claim in respect of subsequently discovered injury not
introducing new cause of action
29 February 2008
688/06
Swart v Van Rensburg (688/2006) [2008] ZASCA 2
Sale of immovable property – defences of common assumption,
conventional penalty and repudiation dismissed
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Cape
Provincial Division
-
http://law.sun.ac.za/cgi-bin/list.php
6 March
2008
2471/2008
T A Manuel v T Crawford-Brown
The decision of the South African Government to embark
upon an arms procurement process (the arms deal) and the
subsequent acquisition of arms and related equipment for the
defence capability of the National Defence Force has been the
subject matter of much debate in recent years. This application,
on an urgent basis, is a direct result of this ongoing debate. The
Applicant in this matter, who is also the Minister of Finance
since 1996 and a senior member of Cabinet, gave effect to the
consequential financial arrangements which included the raising of
loan capital. These loan agreements between various International
Banks and the South African Government was signed by the Applicant
in his capacity as Minister of Finance in 2001, in terms of the
provisions of the
Exchequer Act 66 of 1975. The
Respondent, a retired banker and member of Economists Allied for
Arms Reduction (ECAAR), a non-governmental organization, opposed
the arms deal. It is not in dispute, that ECAAR is opposed to
military spending and military approaches to conflict resolution
and took a stand against the arms deal. The Respondent himself,
has written extensively on the subject matter and recently
published a book "Eye on the Money"
to express his views and criticism on the arms deal. It would not
be incorrect to describe the Respondent as a fierce critic of the
South African Government, including inter alia the
Applicant, the State President, Mr Mbeki, and the Minister of
Public Enterprises, Alec Erwin for the roles they played in the
decision to proceed with the arms deal. The attack on the
Applicant briefly stated, is that as Finance Minister, when he
signed the foreign loan agreements, he violated the
Public Finance Management
Act, (PFMA) as these agreements have never been referred to
Parliament for authority. Furthermore, the Applicant relinquished
control over South Africa's future
financial and economic policies to international banks, inter alia
Barclays Bank and the Commerzbank and "prostituted
himself for the sake of political perks and power"
and that the National Prosecuting Authority (NPA) should prosecute
the Applicant with corruption and related criminal offences
Manuel wins his gag order on arms deal activist Crawford-Browne
- 7 March
Finance Minister Trevor Manuel yesterday won a High Court order to
stop activist Terry Crawford-Browne claiming that he was guilty of
corruption over the multi-billion- rand arms deal. The interim
order was handed down by Judge André le Grange, who said Crawford-
Browne had not provided a "shred of
evidence" for his claims. -
The Herald Online
website
Settle
case against 'definitive charlatan', TAC tells govt - 5 March
Next week, the TAC takes government to court over its failure to
act against vitamin seller Matthias Rath. But there's still time
to settle, says the TAC. The Treatment Action Campaign has called
on government to settle the court case involving "definitive
charlatan" Matthias Rath and government on the one side and the
Aids activist group and the South African Medical Association (SAMA)
on the other. - allAfrica
website
Taliep Petersen Case
Najwa's trial will start, even with no lawyer - 1 March
Najwa Petersen, widow of music legend Taliep Petersen, will go on
trial for his murder on Monday despite her family having dismissed
her second legal team yesterday. And a stern Mr Justice Siraj
Desai warned yesterday: "I cannot - and will not - allow the trial
to be delayed under any circumstances". On Wednesday, a full bench
of the Cape High Court dismissed her appeal against an earlier
decision to refuse her bail. Judge Deon van Zyl said she had lied
about her psychiatric condition in her attempts to be released on
bail, and that she was a flight risk. -
IOL website
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Durban and Coast Local
Division
27 February
2008
9874/03
[2008] ZAKZHC 11
Mouritzen and Another v Mouritzen and Others
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Natal
Provincial Division
-
http://www.saflii.org.za/
29 February
2008
AR
516/06 [2008] ZAKZHC 13
Njapha and Others v Govender
29 February 2008
AR
386/2007 [2008] ZAKZHC 12
Garderner's Grapevine CC trading as
the Grapevine v Flowcrete Precast CC and Another
Contrite killer gets 30 years - 6 March
A high court judge in Pietermaritzburg yesterday imposed an
effective sentence of 30 years' imprisonment on a young man whose
conscience over the murders of three people - including a baby -
at Bergville in 2006, drove him to confess to the police last
year. Jikani Elias Nzimande pleaded guilty and said he decided to
kill Mankanaza Shoba because he believe Shoba had been practising
witchcraft against his family. -
Witness website
Minister continues legal fight against newspaper - 4 March
In a battle to protect his integrity, KZN Minister of Finance and
Economic Development Dr Zweli Mkhize has hauled the City Press
newspaper into court for defamation. The paper was originally
being sued for R1 million, but Mkhize has since dropped his claim
to R300 000 plus a published apology and retraction from the
newspaper, the Pietermaritzburg High Court heard yesterday. Mkhize
took exception to an article published in the newspaper on March 4
last year, relating to allegations of an assassination plot
against Mkhize by Bruce Mhlongo. -
Daily News website
Alleged drug queen 'has the cops in her
pocket' - 1 March
Alleged drug queen Ramjeni Chetty "has
the law and police officers in her back
pocket", state advocate Waldo Smit told
the Pietermaritzburg High Court this week.
Smit was opposing Chetty's
bail application before Judge Celumusa Ndwandwe.
Chetty was arrested in October last year after a raid
on her home by the Scorpions.
At the time, she was out on bail after her arrest in
2005 on several drug charges. -
The Times website
Zuma Case
Zuma to have his say over papers - 7 March
African National Congress president Jacob Zuma will get a chance
to intervene in the arms deal case proceedings now under way in
Mauritius.
Thales International Africa is opposing transmission by
the Mauritian attorney-general's office
of a set of documents to SA's National
Prosecuting Authority (NPA).
Zuma's attorney said Zuma
wanted to intervene in the case in the Mauritius Supreme Court
today, as there were certain facts to which he felt the court
should give its proper consideration. -
Business Day website
Taxpayer to pay for Zuma saga - 29 February
The South African taxpayer is set to pay for another round of
expensive litigation in which ANC president Jacob Zuma will try to
convince a foreign court that the South African justice system
cannot be trusted. Yesterday the Mauritian attorney- general
formally served notice on the Mauritius High Court that he would
oppose an application brought by Zuma to prevent Mauritius sharing
evidence of his alleged corruption with the South African
authorities. - The Citizen
website
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Northern Cape High Court
-
http://www.saflii.org/
29 June 2007
869/2006 [2007] ZANCHC 47
Meepo ya Secaba v Kotze and Others
Court decision undermines validity of mineral prospecting rights
- 4 March
A recent groundbreaking decision in the Northern Cape High Court
has led to concern about the validity of prospecting rights
granted under the signature of the minerals and energy department
regional managers.
Most, if not all, prospecting rights have been granted
under the signature of regional managers, says commercial law firm
Bell Dewar & Hall director Nic Roodt.
In a case involving investment consortium Meepo, the
court declared a prospecting right granted by a regional manager
null and void. -
Business Day website
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Transvaal
Provincial Division
-
http://www.saflii.org/
; (Court rolls at
http://www.courtroom.co.za/roll.php)
7 March 2008
43659/2007 [2008] ZAGPHC 72
New Heights 326 (Pty) Ltd v George Bousentrum (Pty) Ltd
6 March 2008
6263/2008
Blake v Buitendag and the Greater Marble Hall District
Municipality
3 March 2008
32826/2005
N N Mhlongo v The Road Accident Fund
Extraditions thrown into disarray by landmark ruling - 7 March
A landmark Pretoria High Court judgment delivered yesterday found
that SA could not extradite Stephen van Rooyen and his American
model wife Laura Brown, because Parliament had failed to enact the
country's extradition agreement with the US into law. -
Legalbrief website
* * * Subscription required * * *
Blind dad reunited with baby - 3 March
A blind father has finally been reunited with his nine-month-old
daughter after a bitter legal battle. And now lawyers want the
courts to prevent social workers from taking children away from
their biological parents on flimsy grounds. The girl was taken
away from her father in November last year, shortly after her
mother's funeral. The father, who can't be named to protect the
child, looked after his sickly wife during the months preceding
her death and also cared for the baby and his wife's two teenage
children. A social worker, however, decided to remove the children
ostensibly because the father is blind. -
IOL website
See also :
Reflections of a blind father of sighted children. -
Audacity Magazine
website
King loses another round with taxman - 3 March
Businessman Dave King has lost another round in his legal battle
with the SA Revenue Service (Sars), which alleges that King and
the entities he controls owe more than R2.5 billion in tax. An
urgent application to the high court in Pretoria by Carmel
Trading, to set aside the acceptance of a tender by the sheriff of
the high court for the sale of the company's Dassault Falcon 900B
aircraft, was dismissed with costs on Friday. Carmel Trading is
allegedly controlled by King. The highest tender received for the
aircraft, which has been parked at Le Bourget airport in France
for about five years, was $13.585 million (R106.5 million). -
Business Report website
'I know your every move' - 3 March
A woman who allegedly has been tormented by cellphone calls and
SMSs since November has been granted a court order compelling
cellular network giant Vodacom to provide her with information
about the relevant cellphone number. The court ordered Vodacom SA
(Pty) Ltd to make copies or extracts of its record documents, data
and/or call information since November 13 2007 available to
Yolandi Storm. The cellphone number is mentioned in the court
order. Vodacom also must make details of the owner/s of the
cellphone contract or the party/ies by whom the contract was taken
out available to Storm. - News24
website
Woman still waits for damages payout - 3 March
A Christmas shopping expedition more than five
years ago turned into a nightmare for a Lyttelton woman
when a notice board fell on her neck in Centurion Hyperama in
Pretoria. A year ago the Pretoria high court [Judge
Ben du Plessis] ordered that Shoprite Checkers and a
cleaning company were liable for the damages suffered by Gloria
Wijburg. She had instituted a R200 000 damages claim. The court
has yet to determine how much damages she suffered. Shoprite
Checkers denied liability and blamed the accident on Wijburg,
saying she should have been alert and should have looked up.
Lawyers acting for Wijburg said her case was scheduled to
be heard this year. - IOL
website
Selebi drops NPA action - 2 March
The high-profile cases of National Police Commissioner Jackie
Selebi and former transport minister Mac Maharaj against the
Scorpions were struck off the roll last week. Maharaj's case
against the Scorpions and its "disruptive" powers was removed from
the Pretoria High Court roll last week. Selebi's lawyers informed
the National Prosecuting Authority (NPA) on Friday that they would
abort the application to stop their client from being prosecuted.
- News24 website
See also
Magistrates Courts. Randburg
below
Social Assistance
Act Case
State
will fulfil its grant promise, says advocate - 6 March
Government had every intention of eventually extending child care
grants to all children under 18, but could not do so overnight,
the Pretoria High Court was told yesterday.
Advocate Gilbert Marcus, senior counsel for Finance
Minister Trevor Manuel, argued that the court should dismiss an
application by Florence Mahlangu, who brought an application on
behalf of all impoverished teenagers between 14 and 17 to force
government to extend child care grants to them immediately.
Counsel for Mahlangu, Alan Dodson, argued that
government was unfairly discriminating against impoverished
teenagers by limiting child care grants to under 15s and was
acting unlawfully, as the Social Assistance Act defined children
as all persons under 18. -
Dispatch Online website
Grants: woman takes on the State - 5 March
In a class action which could affect about 2,5 million
poverty-stricken teenagers in the country, the Pretoria high court
was on Tuesday asked to order government to extend the child
support grant to poor children under the age of 18. Children now
receive the grant until they turn 14 and from January next year
this will be paid to children until they turn 15. But Judge NM
Mavundla was told that the
Social Assistance Act defined a child as anyone under the
age of 18 and that it was thus unconstitutional as it excluded 14
to 17-year-old children from the child support grant. -
IOL website
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Witwatersrand Local
Division -
http://www.saflii.org/
12 March
2008
A251/04 [2008] ZAGPHC 87
S v Schoeman
11 March 2008
21224/2007 [2008] ZAGPHC 84
Minister of Justice and Constitutional Development v Chonco and
Others
10 March 2008
CA03/06 [2008] ZAGPHC 86
S v Chetty
5 March 2008
CA156/06 [2008] ZAGPHC 85
S v Nkosi
5 March 2008
2006/20062 [2008] ZAGPHC 81
Inzalo Communications & Event Management (Pty) Limited v
Economic Value Accelerators (Pty) Limited
3 March
2008
A2250/2004 [2008] ZAGPHC 55
S v Mphonza
29 February 2008
05/29099 [2008] ZAGPHC 56
Grobler v Msimanga and Others
Chinese widow flies in to battle taxi firm - 2 March
A Chinese widow has flown to South Africa to take the supplier of
14-seater Inyathi taxis to court to be liquidated because it owes
her more than $19-million (about R147,6-million). Yan-Ping Ke owns
a Chinese company that supplied minibuses and spare parts to China
Auto Manufacturers (CAM), which in turn sells these taxis, known
as CAM Inyathis, in South Africa. If she is successful in her
Johannesburg High Court application her attorney, Zehir Omar, said
this would mean the end of supply of all parts for the Inyathi
taxis that have recently flooded the public transport market. In
court papers she said CAM spent all the money she is owed on
luxury properties in South Africa and even the purchase of a
Mozambican island named Inyathi. -
IOL website
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Magistrates Courts
Germiston
Who will preside over this case? - 4 March
The first day of one of the South Africa's biggest drug traffic
trial ended in a giant anti-climax and yet another postponement. The
Scorpions had brought their witnesses to the Germiston magistrate's
court, one of the accused got a "day pass" from hospital and the
stage was set for the sensational R250-million drug trail. But there
was one problem. The magistrate due to hear the trial had already
ruled on two plea bargain agreements between the Scorpions and Glen
Agliotti and Clinton Nassif. This meant that, by law, the magistrate
was disqualified from presiding over the trial. -
IOL website
Randburg
Selebi
'went fishing' in court - 2 March
Police chief Jackie Selebi's civil court attempts to quash charges
against him were no more than a fishing expedition and a calculated
attempt to test the strength of the case against him, opponents and
analysts charged. "He definitely put pressure on the NPA (National
Prosecuting Authority) to test the strength of its case against
him," said the acting head of the Institute for Security Studies, Dr
Johan Burger. The defence not only managed to gauge the strength of
the Scorpions' case against Selebi during court arguments but also
forced the state to hand over incriminating testimony from crime
kingpin and Selebi's one-time close friend, Glenn Agliotti. The
state was also forced to hand over the review of the Scorpions
against Selebi. - allAfrica
website
See also
Transvaal Provincial Division / Selebi
above
Scottburgh
Court
proceedings conducted in isizulu - [1 March]
Durban's chief magistrate, Thamsanqa Mabaso, said a Scottburgh
magistrate who held court proceedings in isiZulu on Wednesday would
be commended by those who were proud of the language, the Mercury
newspaper reported yesterday.
Magistrate Themba Ndlovu was presiding over the case of
an Austrian footballer who was killed on a golf course on the
KwaZulu-Natal South Coast in November last year.
On Wednesday, before the Burgstaller case, Ndlovu
addressed and questioned the accused in five individual cases in
isiZulu.
An interpreter was present at the court but failed to do
any interpreting into English.
The state prosecutor – who refused to give his name –
told reporters that the only reason Ndlovu addressed the court in
isiZulu was because all of the accused were isiZulu speakers.
At least 10 people in the court were non-Zulu speakers,
including two court orderlies.
After reporters raised concerns about the language issue,
the magistrate said he would not apologise because isiZulu was one
of the official languages.
He said the law only
dictated that parties to litigation had to understand proceedings,
so interpretation was not necessary for members of the public and
the media.
Deputy director of the secretariat of the magistrate's
commission, Matthew Mfundisi, said it was an issue that needed
further debate. -
The Sowetan website
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Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Construction firms come forward with evidence of anticompetitive
behaviour - 29 February
South Africa's increasingly assertive competition watchdog, the
Competition Commission, has confirmed receipt of applications for
'corporate leniency' from companies
operating in the construction sector as its investigation into the
industry heats up. This implies that companies that have knowingly
engaged in anti-competitive behaviour are ready to offer insight
that could lead to prosecutions under the
Competition Act. -
Creamer Media's
Engineering News website
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Government
and Legislation
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South
Africa Government Information
-
http://www.gov.za
;
http://www.polity.org.za
Statements and
Speeches
6 March 2008
Customs House will be ceded to the Cape Town International
Convention Centre
6 March 2008
Post-Cabinet briefing
5 March 2008
KwaZulu-Natal Cabinet Indaba statement
5 March 2008
Introduction of the Technology Innovation Agency Bill to the
National Assembly by Minister Mosibudi Mangena
4 March 2008
Media statement, KwaZulu Natal Cabinet Indaba Drakensberg Sun, 3
to 5 March 2008
29 February
2008
The Public Service Commission releases reports on Grievance
Trends in the Public Service and Trend Analysis on Complaints
Lodged During the 2006/07 Financial Year
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Parliamentary Monitoring Group
-
http://www.pmg.org.za/
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Please note
that the PMG website is undergoing extensive amendments at
present. You may be required to be a subscriber to access certain
Committee reports |
Committee Minutes
26 February 2008
Browse Mole Report
Arts and Culture Committee
28 February 2008
Committee Minutes : adoption : 29 January to 19 February
Budget Committee
22 February 2008
2008 Budget: National Treasury briefing
Communications Committee
26 February 2008
Sisulu Report : briefing by SA Broadcasting Corporation &
Premier Soccer League
Correctional Services Committee
26 February 2008
Use of Consultants and Outsourcing by Correctional Services :
input by Minister & National Commissioner
22 February 2008
Committee Oversight Reports : adoption
Economic Affairs
Committee
20 February 2008
Trade & Industry Department's Annual
Report 2006/07
Finance Committee
26 February 2008
Collaborative Africa Budget Reform Initiative (CABRI) :
Adoption ; Fiscal & Financial
Commission & Division
of Revenue Bill 2008
21 February 2008
Budget 2008 Briefing by Minister of Finance
; Division of
Revenue Bill : Financial &
Fiscal Commission Input & adoption
Health Committee
26 February 2008
Briefing by the Minister of Health on Private Hosptials and
Fees, Price Fixing on Drugs and Dual Therapy
Home Affairs Committee
28 February 2008
Home Affairs Response to Committee Requests for Provincial
Reports
Joint Monitoring Committee on Children, Youth
and Persons with Disabilities
22 February 2008
Child Justice Bill
& Impact of State of Nation Address
: Researcher's briefing
Justice and
Constitutional Development Committee
4 March 2008
Jurisdiction of
Regional Courts Amendment Bill
: public submissions & Implementation Policy briefing
27 February 2008
Rules Under Promotion
of Administrative Justice Act,
Jurisdiction of
Regional Courts Amendment Bill,
Mandating Procedures
of Provinces
Bill, 2007
26 February 2008
National Prosecuting Authority Annual Report briefing
22 February 2008
Jurisdiction of
Regional Courts Amendment Bill
: Department response to submissions
Labour Committee
26 February 2008
Sector Education Training Authority Performance 2006/7 :
Labour Department briefing
22 February 2008
Briefing on the State of the Nation Address and How it Impacts
on the Department of Labour
Local Government
and Administration Committee
22 February 2008
Local Government Laws
Amendment Bill : deliberations
Monitoring
Improvement of Quality of Life and Status of Women Committee
22 February 2008
Topics for Discussion, Budget Vote Preparations, Meeting
Attendance
Private Members'
Legislative Proposals Committee
27 February 2008
Minnie's Proposal to Amend
Transnet Pension Fund
Act : briefing & discussion
22 February 2008
Minnie's Proposal for
Transnet Pension Fund
Amendment Bill : motivation
Provincial and
Local Government Committee
26 February 2008
Municipal Finance
Management Act Implementation : Treasury briefing
Public Accounts Committee
27 February 2008
Department of Land Affairs, Land Bank, Department of Water
Affairs and Forestry : Hearings on Audited Financial
Statements
Public Services Committee
27 February 2008
Maritime International Conventions : Transport Department
briefings and adoption
Public Works Committee
27 February 2008
Committee Programme & Oversight Reports
Social Development Committee
27 February 2008
Prevention of and
Treatment for Substances Abuse Bill : Department
briefing
Sport and
Recreation Committee
26 February 2008
Cricket SA : Transformation Policy
: Selection of National Cricket Team
Water Affairs and
Forestry Committee
27 February 2008
Committee Business
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Legislation
Cabinet approves new Expropriation Bill - 6 March
Seven new Bills have been approved by South Africa's Cabinet to be
submitted to Parliament. They include the already controversial
Expropriation Bill,
as well as the Land Use
Management Bill that will be associated with it. The other
Bills are the Agricultural
Debt Management Repeal Bill, the
Social Assistance Bill,
the Medical Schemes
Amendment Bill, the
Protection of Information Bill and the
National Space Agency Bill.
- Mail & Guardian website
Expropriation Bill
Expropriation Bill to go before Parliament - 6 March
The Expropriation Amendment Bill is to go before Parliament as
current legislation is not consistent with the Constitution,
Government Spokesperson Themba Maseko said on Thursday. Speaking at
a Post-Cabinet briefing at the Union Buildings, Mr Maseko said the
Bill was approved in the ordinary Cabinet meeting on Wednesday and
will be sent to Parliament in the coming weeks for adoption. -
allAfrica website
Public Finance
Management Act
Public Finance Act to be tightened up by amendment coming in June
- 3 March
Amendments to the Public Finance Management Act (PFMA) will be
tabled during June, Finance Minister Trevor Manuel has announced
in reply to a written question from Eddie Trent (DA). Manuel said
he had initiated a review of the PFMA with the objective of among
others things "strengthening
accountability of departments and public entities to parliament
and to align its provisions with that of the Municipal Finance
Management Act". He said the tabling of
the amendment Bill had followed extensive consultations. -
The Herald Online
website
Renaming of High
Courts Bill
Bill to change apartheid era courts names - 6 March
The apartheid-era names of High Courts will finally be buried if a
bill tabled on Wednesday in Parliament is passed into law. The
Renaming of High Courts Bill proposes the scrapping of names such
as the Transvaal, Bophuthatswana, Thohoyandou, Bisho and Natal
Provincial Divisions of the High Courts. The proposed legislation
suggests that High Courts in the country be named after their
respective provinces in line with South Africa's democratic
dispensation. - IOL website
Draft
Taxation Laws Amendment Bill
'Double tax'
outcry over new tax dodge plan - 5 March
Tax practitioners have raised an outcry against a new tax proposal
aimed at cracking down on tax avoidance, which they say removes
the tax relief on intra-group transactions granted last year and
could have extremely negative effects on legitimate commercial
transactions, including black economic empowerment.
A host of objections to the measure will be made today
during a public hearing on the draft Taxation Laws Amendment Bill
organised by Parliament’s finance committee. Treasury and South
African Revenue Service officials will also meet accounting firm
representatives today in a bid to thrash out a solution.
- Business Day website
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Useful
Links and Items of Interest
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Legal Profession
South Africa
Avoid discount conveyancing, says solicitor - 5 March
Cut-price online conveyancing services are in breach of Law
Society rules, a leading law firm has claimed. MTA Solicitors has
warned that new entrants to the online conveyancing market could
be pulling the wool over clients eyes by quoting low fixed fees
but piling on extra costs which could escalate to an amount in
excess of £500. Shared ownership, mortgage and stamp duty fees are
all typical added extras heaped on unsuspecting consumers by these
shady firms. In particular, MTA has outlined rule number seven of
the Law Society Code of Conduct which stipulates that both
solicitors and their agents must be 'clear and up front with fees'
- with failure to do so putting them in direct breach. -
Mortgage Introducer
website
Firm opens in
Cape Town - 5 March
Specialist litigation, property and corporate law firm, Knowles
Husain Lindsay (KHL), is opening an office in Cape Town. Resident
partner will be Terence Matzdorff, who has over 27 years'
experience, all of it while practising in Cape Town. He will be
assisted by shipping, insolvency and commercial attorney, Alan
Goldberg. - Cape Business News
website
News release from Webber Wentzel Bowens
5
March 2008
Competition
Commission approves Webber Wentzel Bowens/Mallinicks merger
The
Competition Commission has approved the merger between Webber
Wentzel Bowens (WWB), one of South
Africa's
leading corporate
law firms, and foremost Cape Town-based law firm Mallinicks,
paving the way for the creation of one of the largest legal firms
in South Africa.
The merger is
effective from 1 March, 2008.
The new merged firm
will operate under the name Webber Wentzel incorporating
Mallinicks and have over 130 partners and 285 professionals,
almost half of whom are women.
More than 100 of
the professionals are black.
The firm will be led
by David Lancaster as Senior Partner with Justin Hardcastle as
Managing Partner of the Cape Town office.
Webber Wentzel
Bowens' senior partner David Lancaster
said, "We're
delighted that the Competition Commission has approved the merger
and we now look forward to growing our combined businesses
together and extracting synergies from the tie-up".
The combination of
the two firms is an especially good fit in terms of practice
strength, key markets and culture. Its core expertise will be
corporate services, dispute resolution, property law, competition
law and public law.
Said Lancaster
: "The merger is particularly
beneficial for existing and potential clients in Cape Town where
we have had an office for 10 years.
"Mallinicks
has close on 40 years of experience and an outstanding reputation
in Cape Town and our combined expertise will certainly raise our
presence and enable us to continue to hire top talent".
Michael Evans,
Chairman of Mallinicks and board member of the new firm, said the
deal made good business sense for both firms and he was equally
pleased with the merger approval.
"Mallinicks
has a strong regional reputation in the Cape and we look forward
to enhancing this under the banner of the
new merged
firm. The merger will allow us to
deepen our service offering to clients on a national and
international level".
From June 2008, the
merged Cape Town office will operate from new premises at the
Convention Tower, adjacent to the Cape Town International
Conference Centre, as well as from offices in Johannesburg and
London. In the interim, both firms will work from Mallinick's
current offices at the Waterfront.
Webber Wentzel
Bowens (WWB) has operated in South Africa for over 140 years and
has been involved in many of South Africa's
record breaking deals like the ICBC purchase of a stake in
Standard Bank, Barclays's buyout of Absa
and MTN's purchase of Investcom in Dubai.
At the recent annual
DealMakers Awards in February, WWB was ranked the top South
African law firm in Mergers and Acquisitions and Corporate
Finance, by transaction value.
WWB also advised on
the Deal of the Year (the Angloplats BEE deal), and the Private
Equity Deal of the Year (Bain/Edcon).
Prepared by :
FDBeachhead on behalf of Webber Wentzel Bowens (WWB) and
Mallinicks Inc
SA judiciary 'untransformed' - 29 February
Creating a compliant and malleable judiciary will not bring about
real transformation on the bench, the Law Society journal De Rebus
says in its latest edition. The Law Society represents South
Africa's more than 20 000 attorneys and candidate attorneys. -
News24 website
Zimbabwe
Government infiltrates Law Society - 6 March
The government is mulling draconian legislation to restrict the
activities of the Law Society of Zimbabwe (LSZ) through the
imposition of leadership sympathetic to the state. Currently, the
legal profession is self-regulated, but the government is working
on legislation that will give it control over the society. -
allAfrica website
Law Society rejects allegations of political agenda, letter proves
funding request - 4 March
In an interview yesterday, LSZ president and human rights lawyer,
Beatrice Mtetwa said the government wanted to divide its
membership because it had always spoken out against the breakdown
of the rule of law in the country. -
The Zimbabwe Guardian
website
Law Society of Zimbabwe rejects state allegations of political
agenda - 3 March
The Law Society of Zimbabwe on Monday rejected the accusation by a
minister that it is an opposition political body working with the
West to bring down the government. -
Voice of America website
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South Africa
Auditing
Success of new audit board crucial to SA's
economic future - 28 February
Mike Bourne, professional practice director, national audit, at
Ernst & Young, says the ability of the recently created
Independent Regulatory Board for Auditors (IRBA) to successfully
transition from the narrow focus of the old Public Accountants and
Auditors Board to the more challenging regulatory regime mandated
by the 2005 Auditing
Profession Act (APA) will be critical in gaining South
Africa the respect and confidence of international capital
markets. - Consulting
Web website
Black Economic
Empowerment
Export deals must have BEE factor, says minister - 7
March
Company black empowerment levels had to be taken into account
before firms were allowed to take advantage of the government's
international export agreements, Agriculture and Land Affairs
minister Lulu Xingwana said on Friday. -
Business Report website
BEE advisory council plan on track - 5 March
The long-awaited Black Economic Empowerment Advisory Council is
expected to be up and running within the next five months, to
provide direction to black empowerment policy and its
implementation.
First proposed about four years ago, the 20-member
council will include five representatives from the government’s
economic cluster, among others.
Its role would be to monitor and advise on black
economic empowerment (BEE), described as lacking co-ordination.
- Business Day
website
New set of fat cats will milk Zuma-era BEE - 5 March
President Thabo Mbeki's much-vaunted
black economic empowerment (BEE) policy is set to change now that
there is a new regime in charge of the ruling African National
Congress (ANC). On the face of things, the new guard is making all
the right noises, saying that BEE should not be limited to the
usual suspects and that it should be broad-based.
Yet early indications point to the very real
possibility that one set of business people who are politically
connected may well be replaced after the next general election by
a new crowd that has better contacts with the new ANC leadership.
At this stage, the new approach is still unclear, save
for the intention to make BEE much more broad-based and in keeping
with sentiment arising from the party's
national conference in Polokwane two months ago.
- Business Day website
Mustek
and BEE partner to face off in court - 3 March
Technology company Mustek will meet its black empowerment partner
in court this month after a bid to unravel its shareholding turned
acrimonious. The Puno consortium bought 30% of Mustek's Brotek
subsidiary in 2005, borrowing cash from Mustek to fund the deal.
Now Mustek wants the shares back so that it can clinch an
empowerment deal at holding-company level. -
allAfrica website
Business
Progress on crime, governance needed to truly unlock investment
into SA : Schrempp - 6 March
Global business personality Jürgen Schrempp, who sits on President
Thabo Mbeki's International Investment Council and heads the
Southern Africa Initiative of German Business, which promotes
investment in the region, believes South Africa could materially
increase its attractiveness as a destination for foreign direct
investment if it were to send out unequivocal messages on crime
and good governance. -
Creamer Media's Engineering News website
Sarkozy woos SA business - 3 March
French president Nicolas Sarkozy told South African businesspeople
that they must change the way they look at France.
"France," he said "wants to be a driver of the economy
on the continent. What we did in terms of policy is to raze the
barriers set up in the colonial period".
He said that France and Africa were walking hand in
hand, and that France needed South Africa, for example, in order
to deal with the crisis in Iran.
"We truly want to root a strategic collaboration with
you," he said. - The Times
website
Conservation
New regulations for elephants' care
greeted with mixed feelings - 28 February
The new Norms and Standards for the Management of Elephants in South
Africa has evoked mixed reactions from elephant owners in the
Southern Cape, with some welcoming the document and others saying it
needs more work. The norms and standards are to be published in the
Government Gazette on Friday and will be effective from May 1 this
year. - The Herald Online
website
Correctional Services
MPs grill prisons chiefs - 27 February
Correctional Services top brass struggled for answers in parliament
when MPs turned the heat on them for spending hundreds of millions
of rands on consultants to do work for the department. Some of the
services rendered by private companies included catering, cleaning,
training of staff, security and recruiting new employees. -
IOL website
Criminal Justice
System
South African laws must bite : Zuma - 5 March
There is too much focus on the rights of criminals in South Africa,
ANC president Jacob Zuma said last night.
"Why do we talk and defend the rights of a criminal and
not of the victim .
. . our laws must bite," he said,
responding to questions about how he would tackle crime in South
Africa at a forum on South Africa's future
hosted by Chief Rabbi Warren Goldstein in Johannesburg.
He said much was done to ensure the rights of a criminal after they
were arrested, possibly for violating another citizen's
right to live. - The Times
website
Education
Shaiks fight back - 3 March
Shamim "Chippy" Shaik has been stripped of his doctoral degree
from the University of KwaZulu-Natal without reasons, his brother
Yunis Shaik, a lawyer, said on Sunday. Last year, media reported
that "more than two-thirds" of Shaik's 2003 PhD in Mechanical
Engineering from the then-University of Natal had been plagiarised
and an inquiry had been set up. Shaik has repeatedly denied any
allegations of plagiarism. - IOL
website
Chippy 'not the only plagiarist' - 3 March
Shamim "Chippy" Shaik was one of many students whose degrees and
PhDs had been withdrawn because of plagiarism, the University of
KwaZulu-Natal (UKZN) said on Monday. University's spokesperson Dr
Dasarath Chetty told Sapa that due to the possibility that the
Shaik matter may end up in court, the university did not wish to
comment on it. He, however, said several students and former
students had been stripped of their degrees after being caught out
for plagiarism. - News24
website
Warring teachers won’t take a break together - 1 March
Kwazulu-Natal education authorities have ordered warring teachers
at a Cato Ridge school, outside Pietermaritzburg, to go on an
all-expenses paid holiday or face indefinite closure over racial
differences.
But the offer was rejected by white and Indian teachers
at George Cato Primary last week. -
The Times website
Emigration and
Immigration
Judge slates attorney's conduct in detention case - 4 March
Acting Judge Roland Sutherland said the 'grave
conduct' of attorney Zehir Omar, in the
case in which Yusuf Shail Ali Manjar Ulde sought to have his
detention at Lindela declared unlawful, could not be addressed by an
apology and ordered that the matter be referred to the Law Society
of the Northern Province. Sutherland said the entire inspiration for
the case advanced was derived from the unreported judgment of
Justice Bertelsmann in the August 2006 case involving Muhamed
Kahn versus the Minister of Home Affairs. However, what was
'wholly absent'
from Omar's submissions was any reference to the 2007 decision of
the full Bench in the case involving Mohammed Ebrahim Jeebhai
versus the Minister. Omar, he added, had appeared in the Jeebhai
case and a full reading of the case showed that he had good reason
to remember it 'more than well'.
- Legalbrief website
Environment
Steel giant to spend R150m on cutting Vereeniging plant's dust
emissions - 29 February
Africa's biggest steel producer
ArcelorMittal South Africa will spend R150-million to cut visible
dust emissions at its Vereeniging plant, south of Johannesburg, as
part of its R1-billion environmental plan, it said on Friday. This
came after the so-called Green Scorpions said in July 2007 that
they had found a "series of noncompliances" at the plant. -
Creamer Media's
Engineering News website
None of ten suffering from manganism, says Assmang - 7 March
Assmang, one of the country's two largest manganese producers, is
disputing that any of its employees is suffering from manganism, a
condition resembling Parkinson's disease. Bryan Broekman, CEO of
the company's Cato Ridge works, said at a Labour Department
inquiry last week that in terms of a "revised and more
comprehensive" medical surveillance programme developed last year,
27 of its employees showing possible signs and symptoms of
manganism were examined by a movement disorder specialist and a
neuro-psychologist who concluded that they did not have the
disease. - Creamer
Media's Mining Weekly website
Assmang management gets more flack from union - 29 February
The National Union of Metal Workers of South Africa (Numsa) has
slammed Assmang management for not improving working conditions at
the smelter plant in Cato Ridge. This comes as the Department of
Labour wraps up its initial inquiry, into workers' exposure to
poisonous fumes at the manganese factory. The hearing has heard
that the firm was warned in 1995 about the high levels of total
dust at the plant, but this warning was ignored. "In a period of
10 years things have not improved. The dust levels, gas levels,
smoke levels, are as bad as they were 10 years ago," said Numsa’s
Legal Representative, Richard Spoor. -
SABC News website
Health
KZN baby wrongfully amputated - 29 February
An internal report from Grey's Hospital in Pietermaritzburg has
found that there were complications with an intravascular line,
which led to the amputation of three-month-old baby
Fikiswa's arm. But the provincial hospital says it cannot
pin liability on anyone. She was bitten on the foot by a snake and
her toes were amputated. But there were complications
; the report says a drip was inserted into her artery
instead of a vein. This caused damage to the artery and led to the
amputation of her arm. - SABC
News website
Human Rights
5 March 2008
Mr Irvin Khoza apologises after meeting with the South African
Human Rights Commission
SA Government Information
website
S Africa
video was 'play-acting' - 3 March
A video showing white students bullying black staff members was
"no more than play-acting" according to a lawyer's letter, South
African media report. Two students have been suspended from campus
and could face criminal charges. But according to Volksblad
newspaper, lawyers for the two students deny that they committed
any criminal actions. - BBC News
website
Judiciary
Judge Zwelidinga Sabbath Peko dies
- 3 March
Judge Peko, Acting Deputy Judge President of the Transkei Division
of the High Court, died at the age of 66 after a long illness, a
statement from his family said on Monday. He spent 27 years as a
magistrate presiding over criminal cases.
He became an Acting Judge of the Durban High Court between 1998 and
1999. He also served in the Northern Cape
division before being appointed a Judge of the Ciskei Division.
In 1999 he was transferred to Mthatha High Court. In December
2002 he was appointed Acting Deputy Judge President of the High
Court of South Africa (Transkei Division), until his death.
He was also a member of the Black Lawyers Association.
-
IOL
website
Land Affairs and
Property
40th Annual Sapoa Convention - 5 March
The 40th Annual SAPOA Convention is pulling no punches this year
as the big guns of the SA commercial and industrial property
industry come to the International Convention Centre in Cape Town
to tackle the tough issues of foreign land ownership, rolling
power outages and infrastructure shortages, and crime and safety
in SA cities. - itinews
website
Land
bank to lose audit firm - 3 March
Agriculture and land affairs minister has been ordered to appoint
a chief executive officer with appropriate banking skills and
experience as well as the appointment of senior managers for the
troubled government controlled Land Bank. Auditing company Ernst &
Young threatened to withdrew its service for the bank if Lulu
Xingwana does not appoint the said officers soon. Ernst & Young in
a letter to Xingwana and auditor general Terence Nombembe, said
that it has been involved in "close monitoring" of the state-owned
bank, which is designated as a high audit risk. -
Africa News website
Development
Built-environment council to publish skills report - 4 March
The Council for Built Environment (CBE) would publish a
comprehensive skills audit report by the end of this month to
look at the supply side of skills in the sector, its CEO Bheki
Zulu said this week. The report of the CBE, which encompass six
professional councils in the fields of engineering, landscape,
architecture, project and construction management, property
valuers and quantity surveying, would evaluate the efforts that's
being taken to increase skills from school level to tertiary
education. It would also touch on post-tertiary development. -
Creamer Media's
Engineering News website
First green
development launched - 5 March
Rozelle Green Village - the first eco-friendly security village
to be registered with the SA Green Building Association - will
offer residents sustainable living and the benefits of renewable
energy, in a rural setting located just outside of Wellington in
the Western Cape. Director and architect of iBuild Properties,
Adriaan Pretorius, conceptualized and designed Rozelle Green
Village based on extensive 'green
living' research conducted in
Australia. - Cape Business News
website
Durban regenerated - 2 March
All the way from the Point, an area of ambitious but as yet
unrealised regeneration of the "crime
and grime" inner city by Durban's
docks, via the thriving new business parks and seafront flats of
Umhlanga, to the acres of sugar cane being razed in favour of
"lifestyle"
developments with Indian Ocean views, South Africa's
subtropical northern coastline is starting to rival the property
scene in the Cape, until now the destination for most British
buyers. - Times
Online [UK] website
New chairman for IEASA Pietermaritzburg region - 28 February
Brian Codling has been appointed the new chairman of the
Pietermaritzburg and interior region of the Institute of Estate
Agents of South Africa. -
Rodney Hayter website
Land Reform and
Restitution
SA needs you, Zuma tells farmers - 6 March
The doors of the African National Congress are open to South
African farmers, party president Jacob Zuma said on Thursday.
"We should not be afraid to raise any matter," he told grain
farmers at the annual Grain SA conference in Bothaville in the
Free State. "No matter what kind of problem you have. I would
like that relationship really to be strengthened". Zuma said if
there was no interaction between parties, matters could lead to
tension that could "sit for a long time" and not be resolved. -
allAfrica website
Cheers for Zuma as he tells whites his door is open - 7
March
The doors of the ANC are open to South Africa's
white farmers and workers, ANC president Jacob Zuma said
yesterday. And he told a largely white Afrikaner dinner hosted
by trade union Solidarity last night that common ground on
affirmative action should be found. They had no other home than
South Africa and, as such, their concerns should be taken
seriously. - The Herald
Online website
Forced removal victims face loss of compensation - 6 March
Hopes of an entire community being
compensated for the agony of being forcibly moved at gunpoint by
the apartheid government in 1979 have been dashed, after it
emerged that only a handful of the 3500 people dumped in
Glenmore had made a claim.
"It is very unfortunate for
the community, but there is nothing we (LCC) can do about it.
The claim was lodged just for the Klipfontein community and not
the three other areas where people were removed
. . . it looks like they have missed
out", said Local Land Claims
Commission (LCC) deputy director Mandisi Jekwa.
According to Jekwa, it was "really
unfair" that the rest of the community
had not been included in the claim before the December 1998
cut-off date – despite a delegation visiting the Grahamstown
Legal Resources Centre (LRC) in 1996. "It
looks like they were let down by the Legal Resources Centre.
Although it is really unfair . . . I
do not know how we can correct it without setting a legal
precedent. It is a tough call," Jekwa
said. - Dispatch
Online website
Still stuck in Glenmore, 28 years after apartheid removal to
Ciskei - 6 March
Glenmore is a town that nobody wants – not even the people who
live there. From a distance it looks like a ghost town. It lies
about 40km off the N2 between Peddie and Grahamstown. -
The Herald Online
website
ANC MPs on warpath over evictions - 5 March
African National Congress (ANC) MPs took Land Affairs Deputy
Minister Dirk du Toit and his officials to task yesterday for
failing to halt eviction of workers from farms.
The attack by land affairs committee members was the
third on the executive by ANC MPs in two weeks. In reply, Du
Toit said it was clear from the remarks of MPs that there needed
to be a fundamental change in strategy to protect farm workers
from eviction.
He said the legal framework under which the
department worked was about managing the rights of people on
farms and not about getting land for them to own. It was a
political problem, and it needed a new strategy to find a
political solution. -
Business Day website
Eviction looms for unemployed farm workers in SA - 5 March
President of Agri-South Africa Lourie Bosman says an estimated
three-million people whose employment contracts have been
terminated are living on farms in the country. He was commenting
on the disclosure to the Parliamentary Portfolio Committee on
Agriculture and Land Affairs that farm owners were expected to
keep people on their farms, even after the termination of their
contracts. - SABC News
website
Legal Delft occupants sympathise with evicted - 3 March
Families who moved into Delft houses, illegally occupied until
two weeks ago, say they sympathise with those who were evicted,
but the N2 Gateway houses were allocated fairly. The 30 families
were given keys to their new homes on Friday and had to be
escorted by armed guards because many of the people evicted from
the houses were upset that they had to squat while others moved
into "their" homes. - IOL
website
Keyphrase :
Delft Eviction
Case
Minerals and Energy
State Diamond Trader officially launched in South Africa - 3
March
Following months, or even eyars, of preparation, the State Diamond
Trader (SDT) officially opened in South Africa at the endo f last
week. The entity will allocate part of the rough produced in South
Africa to local diamond manufacturers, mainly small and
medium-sized companies. The SDT is expected to acquire 10% of the
local diamond producers' production and divide it among local
manufacturers. - The
Israeli Diamond Industry website
29 February 2008
Keynote address by Minister of Minerals and Energy, Buyelwa
Sonjica at the launch of the State Diamond Trader and the South
African Diamond and Precious Metals Regulator
SA Government Information
website
Mixed report for mining in South Africa - 29 February
For mining companies, South Africa as an investment destination
scores poorly on security, uncertainty in administering
regulations and inconsistency between central and provincial
departments, according to the latest Fraser Institute survey. But
the country scored reasonably well on issues such as quality of
its geological database, availability of labour and skills and
quality of infrastructure. -
Resource Investor
website
Erwin announces plan for 14 pebble-bed reactors - 6 March
Public Enterprises Minister Alec Erwin revealed yesterday that the
state power utility Eskom was planning to open as many as 14
pebble-bed modular reactors (PBMRs) around the country to combat
the country's dire electricity shortage.
This statement was according to a written reply to a parliamentary
question. - The Herald
Online website
S Africa names new partners for reactor programme - 4 March
South Africa's advanced nuclear reactor technology programme will
include US-based Westinghouse Electric as a partner and a new
shareholders' contract is expected by the end of the month, an
official said on Tuesday. South Africa is currently testing
elements of the Pebble Bed Modular Reactor (PBMR) and wants to
build 24-30 PBMR reactors for its own energy needs. Lynette Milne,
chief financial officer of Pebble Bed Modular Reactor (Pty) Ltd (PBMR)
set up in 1999 to develop and market the technology, said a new
shareholders' contract will also include South Africa's
government, the Industrial Development Corporation and power
utility Eskom. - Reuters
website
Greenpeace cofounder Moore backs nuclear power - 3 March
Adding a green voice to the promotion of nuclear power generation,
ecologist, environmentalist, and cofounder of Greenpeace, Dr
Patrick Moore affirmed his environmental support for nuclear power
while in Johannesburg on Monday, and stated that there was "every
reason to choose nuclear power over coal". Currently chairperson
and chief scientist for Greenspirit Strategies consultancy, Moore
explained to journalists his shift from 'politics
of confrontation' in his Greenpeace days, to 'politics
of consensus' in promoting sustainability and focusing on what
should be done rather than what shouldn't be done. -
Creamer Media's
Engineering News website
SA signs engineering, nuclear skills pact with French firm -
29 February
At a ceremony attended by French President Nicolas Sarkozy and
South African President Thabo Mbeki, the CEOs of French nuclear
firm, Areva, and Nuclear Energy Corporation of South Africa (Necsa)
signed an agreement that would see Areva's support for engineering
and nuclear skills development extended and increased. -
Creamer Media's
Engineering News website
France will 'fight' to supply South
Africa coal, nuclear plants - 29 February
French President Nicolas Sarkozy said France will
"fight'' to supply coal and nuclear
plants to South Africa to help alleviate a power shortage. Sarkozy
spoke today at a meeting of the South Africa-France Business Forum
in Cape Town. Alstom SA, the world's largest maker of coal-fired
power plants, signed a 1.3 billion-euro ($2 billion) agreement
with South Africa's state-owned electricity utility Eskom Holdings
Ltd today to build six units at the Bravo power plant. The units
will come on line between 2012 and 2014. -
Bloomberg website
French agency's loan seeks to encourage localisation of 100-MW SA
wind farm - 29 February
South African power utility Eskom and French development agency
Agence Française de Développement (AFD) signed a financing
framework agreement at the weekend as a precursor to the
conclusion of a €100-million, 20-year loan for the partial
financing of Eskom's new wind farm project. -
Creamer Media's
Engineering News website
Eskom to block power to some new building projects - 5 March
Eskom Holdings Ltd, South Africa's national power utility, won't
approve some construction projects for four to six months as it
assesses an electricity shortage that shut most of the country's
mines for five days in January. "Factory size'' projects requiring
more than 100 kilovolt- amperes won't be approved in the period,
Andrew Etzinger, a spokesman for state-owned Eskom, said in an
interview from Johannesburg today. Prior commitments will be
honored, he said. - Bloomberg
website
Building industry shaken by shock Eskom move - 6 March
The shock move by Eskom to delay all major new construction
projects by up to six months because of the power crisis could
devastate the building industry and cost thousands of jobs.
Developers, builders and businesses in the Eastern Cape have
expressed concerns over the new plan, while Cosatu has slammed the
move and says it has not ruled out protest action should jobs be
lost. In a statement issued yesterday, Eskom downplayed the move,
saying it would not be stopping any developments that had already
been approved, such as the Gautrain and 2010 soccer World Cup
projects. - The Herald
Online website
New projects to be delayed by six months : Eskom - 5 March
Experts earlier in the day expressed disbelief over reports that
Eskom and Johannesburg's City Power would delay any new building
projects of this size in the country for the next six months,
saying such a move would send South Africa into "immediate"
recession. - Creamer
Media's Engineering News website
New levy system
welcomed - 6 March
The Cape Town Regional Chamber of Commerce and Industry has
welcomed the Government plan to give provinces and municipalities
a share of the national fuel levy as an alternative to a
provincial fuel tax. "This is a much
better idea than allowing provinces to set their own fuel taxes",
said Dr Gerald Wolman, President of the Chamber.
"It should be a more efficient and
fairer system but we must now insist that these funds from the
national fuel levy are ring fenced and used only for road and
transport spending. We don't want them
being frittered away in general revenue spending".
- Cape Business News website
Municipal Management
and Procedure
eThekwini
Sun to keep shining on Durban's beaches - 7 March
New building developments on beaches in the eThekwini Municipality
will not be approved unless the developers can prove that the
buildings will not cast shadows on the beach until the late
afternoon. This is one of the stringent requirements contained in
the municipality's proposed Minimisation Of Shadows On Beaches
Policy, which was contained in the agenda of yesterday's economic
planning and development committee meeting. -
IOL website
Municipality must get property values correct - 5 March
I have no qualms with the method used to calculate a property
value. My concern lies with how the market value of the property
was determined. - The Times
website
Chatsworth residents can't afford the
hike - 5 March
The eThekwini municipality has not considered the present living
conditions of the people of these poor areas, many of whom will
lose their houses as a result of the rates increase. -
The Times website
Brakes on
street renaming - 4 March
The brakes have been put on Durban's controversial street-renaming
project, as the ANC and Democratic Alliance prepare to meet in a
last-ditch bid to thrash out contentious issues. The naming of
some streets after revolutionary leaders like Fidel Castro and
Amanzimtoti freedom fighter and bomber Andrew Zondo are expected
to feature prominently in the discussions, which could be held
within the next two weeks. City manager Michael Sutcliffe
yesterday said there had been a consensus that the meeting, and
further negotiations at the Masakhane Committee, which is
spearheading the project, should not be rushed. -
Daily News website
Imagine Durban
: Accessible Services And Infrastructure Theme
Workshop
Despite noticeable
improvements in service delivery over the past few
years, it still remains evident that there are indeed some
areas, which the municipality needs to
improve on. With this in mind, the
public are invited to attend a workshop to
discuss issues of accessibility of services and
infrastructure. These issues will be
thoroughly discussed in an effort to develop a long and
sustainable plan for the city. This workshop is the third
in a series of workshops hosted by the
Imagine Durban Team.
Imagine Durban is
now in the process of developing goals, and strategies
to address Accessible Services and Infrastructure. If you
have time we would appreciate your participation in our
workshop that addresses the issues of
access to transport, housing, municipal
services, recreational and other amenities.
The details of the
workshop are as follows :
Date : Wednesday 19 March 2008
Time : 9h00 -
12h30 (Light snacks will be served afterwards)
Venue : Hall, Visitors Complex, Durban
Botanical Gardens
RSVP : Zama Ndlovu
Tel : 031-311
3444 Email :
ndlovuzc@durban.gov.za
Imagine Durban (http://www.imaginedurban.com)
is a city-led, community-driven
initiative on integrated, long-term planning that is
being implemented in conjunction with Sustainable Cities, a
Non Governmental Organisation from
Vancouver, Canada, and the PLUS Network,
a network of 35 cities in 14 countries established to share
experiences in sustainability planning and sustainable
community development.
The Imagine Durban
Project will produce a long-term plan for Durban.
The main elements on the plan will be :
1. Vision
2. End State Goals
3. SMART Targets (specific, measurable, achievable, realistic and
time-bound)
4. Strategies
5. Programmes
In order to develop draft Goals, Targets, Strategies and
Programmes key theme areas have been
identified. Theme meetings will be held for
these key themes. These theme meetings will be open to the
broader public and an active effort will
be made to involve the relevant
stakeholders groups. The following key themes have been
identified :
Safe City
Caring and Commitment
Economic Development and Poverty Alleviation
Human Development
Accessible Services and Infrastructure (this workshop)
Environmental Sustainability
History, Heritage and Culture
If you can't attend the workshop but have some good ideas we would
like to hear them. Please submit your ideas on our website
http://www.imaginedurban.com/yourIdea.aspx
(Ideas can also be submitted by fax on
031 311 3446 attention : Sindira Chetty).
Johannesburg
Complex owners' rates and taxes dilemma
- 5 March
The owners of units in townhouse complexes are required to
complete forms with details of their dwellings, which were meant
to be sent to the Johannesburg City Council before February 29.
The forms are available on the council's
website. They can be completed and sent to the council via e-mail.
After completing the forms I tried to submit them by
e-mail on February 27, but my e-mail came back with the message
that the council's "database
is full".
I phoned the number supplied on the website but nobody
had answered after 30 minutes.
This process went on for three days. -
The Times website
National Prosecuting
Authority
'Trust
us' not good enough in criminal justice system - 3 March
Back in the early 2000s, the Institute for Security Studies
commissioned me to write a monograph on the Scorpions. The
National Prosecuting Authority (NPA) provided access to their
Scorpions staff - who were allowed to speak freely and anonymously
- for interview purposes. At the time, the NPA was still grappling
with the question of how the Scorpions "mandate" should be
defined, so this issue was part of the research brief. One of the
key messages emerging from the interview process with both
internal and external stakeholders was that it was less important
to define what types of cases they take on than to manage how
cases were selected and to have proper oversight - to ensure
actual and perceived bias in their operation would be minimised.
But at the time the Scorpions enjoyed the support of an
all-powerful president, and this message went largely unheard. -
allAfrica website
Road Accident Fund
Road Fund
warns MPs of cash crunch -6 March
The underfunded Road Accident Fund might be forced to refuse
accident victims' compensation claims as its cash reserves are
running dangerously low. It had not received adequate funding for
the coming year, fund CEO Jacob Modise told Parliament's transport
committee yesterday. Refusing payment would mean accident victims
would have to seek compensation by means of civil litigation. -
allAfrica website
Motorists could soon foot accident bills - 5 March
Motorists could soon find themselves having to fork millions of
rands to compensate victims who sustain injuries in car accidents,
MPs heard on Wednesday. Appearing before the national assembly's
transport committee, Road Accident Fund executive Jacob Modise
said the fund, which currently is currently struggling to settle
claims because of its poor financial situation, was considering
invoking a law that would make motorists liable for injuries
sustained in vehicle accidents. -
IOL website
Trade and Industry
Development through trade - 3 March
South African individuals and companies involved in trade have to
know as much as possible about the conditions of trade. It is
therefore important that policies and regulations affecting them
are developed and disseminated more transparently than at present.
The trade and industry department has initiated a trade policy
review process aimed at putting its trade policy in better shape,
potentially to engage in further liberalisation of its tariff
policy and to have more clarity on issues such as services,
investment and government procurement. -
allAfrica website
Miscellaneous
Lion King roars disapproval over his seat - 4 March
Lebo M brought drama to the Naledi Theatre Awards on Monday night
when he threw a tantrum about his seat. The composer is known for
arranging and performing music for The Lion King movies and
stage show. Winning the best production of a musical award, he
launched a scathing attack on the event's organisers. "As an
invited guest, I didn't even have the honour of sitting here in
front - I am in the last row. It may sound like a joke, but I am
insulted," he said, sparking boos from some in the crowd. "I am
disappointed," he said, before putting the Naledi statues on the
floor and returning to his seat. The gesture seemed to anger
organiser Des Lindberg, who said Lebo M had not even had the
courtesy to acknowledge his Lion King co-producer, Pieter Toerien.
Lindberg then walked off the stage, leaving his wife Dawn to
explain that Morake had been seated at the back of the auditorium
because he had arrived late. A seat had been reserved for him at
the front of the theatre. - IOL
website
Video footage at
http://www.thetimes.co.za/News/Article.aspx?id=719877
5 March 2008
Statement on Race "Controversy" in the theatre sector
SA Government Information website
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Africa
Botswana
South African, Botswanan sentenced to death in Botswana for murder
- 7 March
A South African and a Botswana citizen have been sentenced to
death by a court in Botswana for the murder of two Zimbabweans in
2000. South Africa's Michael Molefe and Brandon Sampson from
Botswana, were found guilty by the Lobatse High Court earlier this
month of murdering two Zimbabweans during an armed robbery near
the capital Gaborone in December 2000. The two have been in police
custody in Botswana since shortly after the killings and have six
weeks to appeal against the sentence. -
Earth Times website
Egypt
Woman
to conduct Egypt marriages - 28 February
Egypt has appointed a woman to conduct Muslim marriages for the
first time. Amal Soliman, 32, has broken centuries of tradition by
being chosen as a judicial assistant who officiates at weddings,
known as a maazun. Some commentators are saying she is the first
female in the Muslim world authorised to conduct religious
marriages. The mother of three has a masters degree in law which
helped her beat 10 male candidates to get the job. -
BBC News website
Malawi
Law drafted to prevent claims of HIV and Aids cures - 28
February
Malawi has drafted a law to prevent traditional healers from
claiming that they can cure HIV and Aids and religious leaders
from advising their congregations to give up treatment for prayer,
Mary Shawa, principal secretary for nutrition and HIV and Aids at
the president's office, said on Tuesday, Reuters South Africa
reports. The draft bill will be presented to Malawi's Parliament
on March 4, Shawa said, adding that when the bill "passes into
law, all those traditional healers claiming to cure Aids and
religious leaders stopping people from taking" antiretroviral
drugs "will be dealt with". She added, "These are desperate times,
and we need stern action to deal with these people misleading
people". - IOL website
Nigeria
FCT may
demolish uncompleted structures - 3 March
The Federal Capital Territory (FCT), has said it would soon embark
on demolition of uncompleted buildings littering the city, as part
efforts to enhance aesthetics and to make the place more
conducive for residents. Director of the Development Control
Department of the FCT, Alhaji Yahaya Yusuf, who stated this at an
accountability forum organised by Abuja chapter of the Nigerian
Union of Journalists (NUJ) at the weekend, said the department may
be forced to invoke provisions of the
regional planning law of
1992 as amended. -
This
Day Online website
Zambia
Zambia mine owners offer counter tax proposals - 3 March
Foreign owners of Zambian copper mines have proposed a 12,5%
windfall profit tax, rejecting the government's proposed 25% rate,
a senior industry official said on Monday. -
Creamer Media's Mining
Weekly website
Zimbabwe
Zimbabwe limits possession of cash in bid to brake inflation -
4 March
The Zimbabwean government has made it illegal to possess more than
Z$500 million in cash, it emerged yesterday equivalent to US$21.
According to a new regulation published last month, anyone found
with more than Z$500m in cash will be guilty of "unlawful
hoarding". - Cape Times
website
Britain keen on sports ban on Zimbabwe : BBC -
4 March
The British government is considering stepping up the pressure on
Zimbabwe by banning its athletes from competing in Britain, the
BBC has reported. The Inside Sport programme reported that the ban
could notably prevent the Zimbabwe cricket team from touring
England next year. - AFP
website
Any
Zimbabwe sport ban 'madness' - 4 March
Zimbabwe has reacted angrily to reports the British government is
considering banning all Zimbabwean sports people from competing in
the UK. Zimbabwe's Information Minister Sikhanyiso Ndlovu told the
BBC that any ban would be "racist" and "madness". The UK prime
minister's spokesman has denied that a ban is being planned. -
BBC News website
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Asia
India
India
cancels small farmers' debt - 29 February
The Indian government is to cancel the entire debt of the
country's small farmers in a giant scheme that will cost 600bn
rupees ($15bn ; £7.6bn). The farm loan
cancellations will be offered to all farmers with less than two
hectares of land. - BBC News
website
Indonesia
Bali
three win execution appeal - 6 March
Three Australians convicted of drug smuggling in Indonesia have
had death sentences commuted to life in prison. Defence lawyers
argued that the men - members of the so-called Bali Nine -
deserved leniency because they were young and were not repeat
offenders. Indonesia's Supreme Court accepted the arguments and
overturned its own 2006 decision to mete out the death penalty.
The nine - eight men and one woman - were arrested in Bali in
April 2005 with more than 8.3kg (18lb) of heroin.
- BBC News
website
Keyphrase :
Drug smuggling
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Europe
Austria
Court bans
veiled terror suspect - 3 March
An Austrian court has excluded a young Muslim woman from the start
of her trial on terrorism charges because she refused to remove
her full-face veil. The suspect, identified as Mona S, is charged,
along with her husband Mohamed M, with links to al-Qaeda and
posting a threatening video on the internet. The presiding judge
ordered the woman to be escorted from the court, arguing the jury
could not judge her without seeing her face. Both suspects deny
the charges. - BBC News
website
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United Kingdom
Emigration and
Immigration
UK cuts
country slack on visa demands - 7 March
The government has convinced the British government that there is
no need to remove South Africans' free visa status for visits to
the UK. This emerged at yesterday's post-cabinet briefing, when
chief government spokesman Themba Maseko said there had never been
a British decision to introduce visa requirements for South
African travellers. - allAfrica
website
Migrants challenge rule changes - 5 March
The government's decision to change the rules for highly skilled
immigrants is facing a challenge in the High Court. It is claimed
retrospective changes to the Highly Skilled Migration Programme (HSMP)
in 2006 will mean thousands of non-EU migrants have to leave the
UK. The HSMP Forum, which is seeking the judicial review, says 90%
- 44 000 people - who entered under the
HSMP no longer qualified. - BBC
News website
Legislation
Britain's blasphemy law no longer sacred - 5 March
A funny thing happened in November when Britain launched a
righteous protest over Sudan's arrest of a British schoolteacher
accused of insulting Islam by letting her students name a class
teddy bear Muhammad. The Sudanese ambassador was summoned; Prime
Minister Gordon Brown issued a protest. But it didn't take long
for someone to point out that Downing Street was standing on
diplomatic quicksand : Britain itself
has a law making blasphemy a crime. -
LA Times website
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International
International Law
Responsibility to protect, the
International Criminal Court, and stopping
atrocities in the real
world - 3 March
In the fight to eliminate genocide and crimes against humanity from
the face of the earth, we cannot rely on ad hoc responses based on
the whims of political will every time a crisis erupts around the
globe. At some point, there must be some measure of automaticity
associated with our response, built solidly upon principles of
international law and hard-earned lessons from previous efforts. To
that end, the world has recently seen the birth of two essential
pillars in that foundation : the
International Criminal Court and the doctrine of the "Responsibility
to Protect". Article by John Prendergast and Lisa Rogoff. -
allAfrica website
Trade and Industry
Doha is doable but no deadline has been set - 5 February
Structural changes in the global economy and concerns about food
security have added impetus to the World Trade Organisation's
call for a multilateral trade deal to help smooth the global
supply of food.
World Trade Organisation (WTO) director-general Pascal
Lamy, on a stopover visit in SA at the weekend, told Business Day
that the tightening global landscape determined the urgency to
complete the Doha round. -
Business Day website
Global trade talks face big risk of failure : EU - 29 February
A six-year push for a global trade deal faces a high risk of
failure, Europe's trade chief said on Friday, turning up the
pressure on negotiators ahead of a meeting expected in the coming
weeks. "I now fear that Doha is facing a high risk of failure -
the first failure ever for a multilateral trade round," EU Trade
Commissioner Peter Mandelson said in a speech to trade ministers
from some of the world's poorest countries meeting in Lesotho. -
Creamer Media's
Engineering News website
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South African Revenue
Service
- http://www.sars.gov.za
BPR 006: The application of section 24C in the context of a repair
and maintenance contract
BPR 007: Service fees received by a non-resident labour broker
BPR 008: Certain variable payments made to a marketing executive and
the application of section 23(m)
BPR 009: Sale of an administration business
BPR 010: The applicability of the mining tax dispensations contained
in the Act to a specific contract mining arrangement
BPR 011: Transfer of a pre-1 march 1998 amount from a pension fund
as an own contribution to other retirement funds
BPR 012: Determination of gross income of a livestock auctioneer and
agent
BPR 013: Section 8C and the variation of share options obtained
under a share option scheme
BPR 014: Employees tax in respect of gains, as contemplated in
sections 8A and 8C of the Act, made by retired employees
BPR 015: Supply of goods or services: Vendors one and the same
person section 8(25) of the VAT Act: Acquisition of fixed property
exemption from transfer duty section
Source :
OSALL
(Lara)
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